OM PRAKASH Vs. DEVI LAL

JUDGEMENT

(1.) This petition is directed against the order dated 19.7.18 passed by the Board of Revenue Rajasthan, Ajmer whereby a special appeal preferred by the petitioner against order dated 9.1.13 passed by the Single Bench of Board of Revenue dismissing the appeal preferred by the petitioner against the order dated 28.5.07 passed by the Divisional Commissioner, Bikaner, has been dismissed.

(2.) The facts relevant are that the petitioner preferred an application under Section 136 of the Rajasthan Land Revenue Act, 1956 ("the Act") before the Sub Divisional Officer, ("SDO") Tibbi for correction of the entry of the land comprising Killa Nos. 1, 2, 3, Stone No. 227/288 in Chak 5 TLW in the revenue record. Precisely, the case set out by the petitioner was that there existed an approach road passing through the aforesaid land to his agriculture land comprising Stone No. 227/287 Killa Nos. 16, 25, Stone No. 226/287 Killa No. 5, Stone 227/288 Killa No. 4,5, Stone No. 222/289, Killa Nos. 3, 4 Stone No. 226/290 Killa No. 12 total 1.619 Hectare land in Chak 5 TLW, however, during settlement proceedings, without there being any order of the competent Court, the same was categorized as "Nahri" land and therefore, the entry in the revenue record deserves to be rectified.

(3.) The application preferred by the petitioner as aforesaid was allowed by the Sub Divisional Officer, Tibbi vide order dated 17.11.06. Aggrieved thereby, an appeal preferred by the private respondents was allowed by the Divisional Commissioner, Bikaner Division vide order dated 28.5.07 and the order passed by the SDO directing rectification of the revenue entry was set aside. The second appeal preferred by the petitioner against the appellate order passed by the Divisional Commissioner was dismissed by the Single Bench of the Board of Revenue vide order dated 9.1.13. A special appeal preferred by the petitioner under Section 10 of the Act against the order passed by the Single Bench has been dismissed by the Division Bench of the Board of Revenue by the order impugned. Hence, this petition.